Practice question

Under Article 64 of Ley 24.449, when a traffic collision involves a pedestrian, what legal presumption applies when determining responsibility?

  1. The pedestrian is always presumed fully responsible for the crash
  2. The pedestrian enjoys the benefit of the doubt and presumptions in their favor, unless they committed a serious violation of traffic rules; the driver who lacked right-of-way or committed an infraction related to the cause is presumed responsible
  3. Responsibility is always split exactly 50/50 between driver and pedestrian
  4. No presumption exists; pedestrians must always prove the driver's fault with video evidence

Answer: B — The pedestrian enjoys the benefit of the doubt and presumptions in their favor, unless they committed a serious violation of traffic rules; the driver who lacked right-of-way or committed an infraction related to the cause is presumed responsible

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